Understanding South Carolina's Bail System: A Critical Analysis of SC Bondsmen and Bail Laws

  It is rather daunting to explain the laws of South Carolina after an arrest especially relating to bail. Bail is the monetary deposit through which a suspect is released prior to the trial while the bail bondsmen are very important in this process. If you have never had any dealing with the legal processes, or the terms such as “SC man”, “South Carolina bail laws”, this blog aims to give an overview of the bail system, how SC bond amounts are set and engage of a SC bondman. 

 

 What is Bail? 

 Bail is a way through which the courts can guarantee the defendant’s presence during their hearing and trial but the defendant is not put in jail in the meantime. For this, the court takes some form of security in the form of cash or bond, which is to ensure that the defendant attends the next hearing. Bail amounts differ by cases such as the extent of the crime, the defendant’s criminal record, and possibility to flee. 

 In South Carolina, bail can take several forms:

 1.Cash Bail:

 Full amount of bail is posted by the defendant or any of his/her members of the family, which will be reimbursed once the defendant has complied with all the necessities of being present in court sessions.

 2.Surety Bonds: 

These bonds include the third party who is usually a bondsman from South Carolina who put down the amount of cash in form a premium (which ranges from $100 to $150 depending on the bail amounts) to help the defendant get a bond. A bondsman also assumes the responsibility of making sure that the defendant attend all the hearings.

3. Personal Recognizance:

 It is possible for a defendant with low level charges to be released without even having to deposit any bail amount under the provision of being granted a release on his promise to be back in court.

How are the amounts of such bonds – SC bonds – determined? 

 However, in South Carolina, the amounts set as bond differ with the type of the crime and or previous records of the defendant. Judges assess several factors before setting bail, including:Judges assess several factors before setting bail, including: 

 Nature of the Offense:

 Even more severe crimes such as violent felonies attract higher bails than those of less severe crimes. For instance, in the situations where the person has been charged with domestic violence, or driving under the influence of alcohol, the court can fix a higher amount of bail, to safeguard society. 

 Risk of Flight:

 A judge will think that the defendant will not attend court again so he or she will set a high bail amount and may even refuse it. 

 Criminal History:

 For instance, a defendant with a tendency to skip trials or have previous criminal records will be detained with much higher amounts of bails. 

 Besides these factors, there is South carolina law, which prohibits SC bondsmen from charging certain amount of fees. Bail bondsmen are most often permitted to take a nonrefundable fees that does not exceed fifteen percent of the total sc bond amounts​. 

 

 This paper aims at discussing the functions and responsibilities of an SC Bondsman. 

 South Carolina bondsman is a bonded person that assists the defendant in making a bail payment to ensure that the latter is released from jail. When a defendant or the defendant’s family cannot afford to post the amount of bail that has been set, a bondsman comes in to help the defendant post only a small amount of the total amount. This costs a fee which is normally within 10-15% of the total bail amount for the services of the bondsman. 

 Another advantage in hiring a bondsman is that, they are able to provide money when it is needed a lot. But there are conditions that one has to meet before surety can secure their release for example the defendant has to attend all the hearing sessions, must obey the bail conditions which include the traveling restrictions or has to wear monitoring devices. For case a defendant does not show up in the court, the bondsman may hire a bounty hunter to capture him or her as he/she has to contribute towards the bond amount. 

Information on Bail System and Reforms: The Case of South Carolina 

 Just like all the states in the US, South Carolina has its own procedures for the use of bail as stated in the law. Such laws exist to protect the interest of the defendant as well as interest of the society especially when dealing with dreaded criminal persons. Some important aspects of South Carolina bail laws include. 

 Bail Hearings:

 Accused persons are also permitted a bail hearing within 24 hours of his or her arrest. In most cases a magistrate or a judge will decide on the actual amount of money which you are required to pay as your bail. 

 Non-Violent vs. Violent Offenses:

 For petty crimes, most of them which are nonviolent in nature, the process of being granted a bail is relatively easier and frequently it is what is referred to as a surety bail. Nevertheless, where the offender is being accused of violent crimes like robbery with an aggrieved or murder, the court may set the amount of the bond to a level that is difficult for the offender to meet, or the court may simply refuse to caution the offender). 

 Bail Reforms:

 Bail reform is another reform that has become a topic of discussion across the United States with South Carolina among the states in the process of reforming the system not to detain a person because he or she cannot pay for the bale. The movement aims at minimizing the situation whereby individuals are detained before trial based on non-violent criminal activities more so, because it mainly affects those with a limited income. In some circumstances the judges have a broader leeway to release defendants on personal bond or lowered the amount of the bail. 

 Things to Take into Consideration When Selecting a Bondsman 

 When choosing an south carolina bondsman, it is crucial to consider a few important factors to ensure that you're making the right decision:When choosing an SC bondsman, it is crucial to consider a few important factors to ensure that you're making the right decision: 

 Reputation:

 A customer review or a testimonial should also be sought. Local corporations, such as Crown Bonding that delivers its services in upstate South Carolina, have grown over the years to be efficient and professional in their service provision. 

 Availability: 

Since arrests are not limited to business hours the ideal bondsman should be willing and able to operate round the clock. A majority of the credible firms in South Carolina offer support and services at all times to guarantee the issuance of financial reports on time. 

 Conclusion 

 Bail bond in South Carolina is a very essential factor in the legal procedure that assists defendants to be released with the help of bail bond companies. Gaining insight on how much an SC bond costs and how the South Carolina bondsmen work makes all the difference as one transacts within the legal system. Bail is not just about getting a defendants out of jail, but also about making sure that the defendant pays his/her dues to the court. 

 Thus, it becomes possible to cope with this period with the help of cooperating with a reputable SC and learning more about South Carolina’s rules and regulations regarding bail. This is important in making sure the bondsman is capable of explaining to the client specific aspects such as terms of release, what rights one has under the state law amongst others. 

 And if you or your close ones ever require the services of the bail bonds, do not hesitate and turn to Crown Bonding people who understand the legislation of South Carolina.